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SICAJU-DIAZ v. HOLDER

No. 10-2390.

663 F.3d 1 (2011)

Gorgonio SICAJU-DIAZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided November 10, 2011.

Attorney(s) appearing for the Case

Martin D. Harris on brief for petitioner.

Tony West , Assistant Attorney General, Civil Division, David Bernal , Assistant Director, Office of Immigration Litigation, and Lindsay Williams Zimliki , Office of Immigration Litigation, Civil Division, Department of Justice, on brief for respondent.

Before BOUDIN, SELYA and LIPEZ, Circuit Judges.

BOUDIN, Circuit Judge.

Gorgonio Sicaju-Diaz is a citizen of Guatemala; he and his wife and three children (the youngest is 11 and a U.S. citizen, the oldest is 29) live in Rhode Island. Sicaju-Diaz was taken into custody by federal immigration officials over twenty years ago near Brownsville, Texas in June 1991. The then-responsible agency, the Immigration and Naturalization Service ("INS"), initiated deportation proceedings; three months later he filed an application...

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